Opinion
No. 2D11–6350.
2012-10-11
TEACHERS INSURANCE COMPANY, Appellant/Petitioner(s), v. Daisy SILVA, Appellee/Respondent(s).
BY ORDER OF THE COURT.
Teachers Insurance Company, the petitioner, moves for appellate attorney fees pursuant to a proposal for settlement contingent upon its recovery of a judgment of no liability or in an amount at least 25 percent less than its offer in the proposal for settlement, citing as authority sections 59.46, 768.79(1), Florida Statutes; Florida Rule of Civil Procedure 1.442; and Florida Rule of Appellate Procedure 9.400(b). Teachers' motion for appellate attorney fees is granted, contingent upon a determination of entitlement by the trial court. If the trial court determines that Teachers is entitled to appellate attorney fees in this matter, the court shall also determine the amount of appellate attorney fees.
Daisy Silva, the respondent, moves for appellate attorneys' fees and costs if she is the prevailing party, citing as authority rule 9 .400 and section 627.428. We conditionally grant Silva's motion for appellate attorneys' fees contingent on the rendition of a judgment in favor of Silva and against Teachers at the end of the proceedings. Silva's request for costs is stricken without prejudice to file a timely motion with the trial court. See Fla. R.App. P. 9.400(a).